Premises liability is an area of personal injury law that addresses situations where individuals are hurt on another person’s property due to unsafe or dangerous conditions. Texas premises liability law plays a significant role in ensuring that property owners maintain their premises safely, protecting the rights of visitors who may be injured due to negligence.
Below, the Pearland slip and fall attorneys at J.D. Silva & Associates, PLLC, explain premises liability injuries in Texas, including types of injuries, the duty of care expected of property owners, and what you should know if you or a loved one has suffered a premises liability injury.
What Is Premises Liability?
Premises liability refers to the responsibility of property owners or occupiers to maintain a safe environment for visitors. If a person is injured due to hazardous conditions on the property, they may seek compensation for their injuries. However, understanding premises liability law in Texas can be complex, as it involves a blend of statutory requirements, case law, and specific conditions based on the visitor’s status on the property.
In Texas, premises liability falls under the broader category of personal injury law, yet it differs because it specifically deals with injuries occurring on another’s property.
Texas law provides guidelines that define the conditions under which a property owner may be held liable, including the nature of the hazard, the owner’s awareness of it, and the type of visitor on the property.
Types of Premises Liability Injuries
Premises liability injuries can arise from various unsafe conditions. Common examples of these injuries include the following:
- Slip-and-falls: These are the most common type of premises liability injury, often caused by wet floors, uneven surfaces, or inadequate lighting.
- Trip-and falls: Similar to slip-and-falls, trips-and-falls can occur due to obstacles, debris, or poorly maintained walkways.
- Dog bites and animal attacks: Property owners are generally liable for injuries caused by their dogs, even if the dog has never bitten anyone before.
- Swimming pool injuries: Improperly maintained pools, lack of safety equipment, or inadequate supervision can lead to drowning, near drowning, or other injuries.
- Assault and battery: If a property owner fails to take reasonable steps to protect visitors from harm, they may be liable for injuries caused by assaults or other violent acts.
- Construction site accidents: Construction sites can be hazardous, and property owners and contractors may be liable for injuries caused by falling objects, unsafe equipment, or other hazards.
The Role of Visitor Status in Texas Premises Liability
In Texas, the duty of care owed by a property owner depends significantly on the visitor’s status. Texas law classifies visitors into three categories: invitees, licensees, and trespassers, each with different levels of protection under the law.
Invitees
Invitees are individuals who enter the property for their own mutual benefit and that of the property owner. For example, customers in a store or visitors to a public park are considered invitees. Property owners owe invitees the highest duty of care, requiring them to regularly inspect the premises and repair or warn against any known or foreseeable hazards.
Licensees
Licensees enter the property for their own purposes but with the property owner’s permission. Friends visiting a residence or neighbors stopping by uninvited are considered licensees. Another example is delivery personnel or vendors refilling their merchandise at a retail location. For licensees, the property owner must ensure there are no hidden dangers they know about and warn the licensee of any known risks.
Trespassers
Trespassers are individuals who enter the property without permission. While property owners do not owe trespassers the same duty of care under Texas law, they must refrain from deliberately harming a trespasser. This changes when children are involved under the attractive nuisance doctrine.
An attractive nuisance is a structure that may attract those who aren’t able to recognize potential hazards, such as an unfenced swimming pool or unsecured trampoline. If a child is injured while trespassing to swim in the pool or jump on the trampoline, the owner may be held liable if they failed to take reasonable steps to secure the hazard.
Proving a Premises Liability Claim
To successfully pursue a premises liability claim in Texas, you must prove the following elements:
- Ownership or control: You must establish that the property owner or occupier owned or controlled the property where the injury occurred.
- Dangerous condition: You must demonstrate that a hazardous condition on the property caused your injury.
- Foreseeability: You must show that the property owner or occupier knew or should have known about the dangerous condition.
- Breach of duty: You must prove that the property owner or occupier failed to take reasonable steps to address the dangerous condition.
- Causation: You must show that the dangerous condition directly caused your injury.
- Damages: You must quantify the damages you suffered because of the injury, such as medical expenses, lost wages, and pain and suffering.
Comparative Negligence in Texas Premises Liability Cases
Texas follows the rule of modified comparative negligence, meaning your compensation may be reduced if you are partially at fault for your injury. If you are found to be more than 50% responsible for your injury, you are not eligible for compensation.
For example, if a shopper ignores a “Caution: Wet Floor” sign and slips, they may be found partially liable for their injury. If they are considered 30% responsible, their compensation could be reduced by that percentage.
Common Defenses in Texas Premises Liability Cases
Texas property owners may raise various defenses to avoid liability for premises liability claims. Common defenses include:
- Comparative negligence: The property owner may argue that your own negligence contributed to the accident.
- Assumption of risk: The property owner may argue that you knew about the risk of harm and voluntarily assumed it.
- Open and obvious danger: If the dangerous condition is open and obvious, the property owner may argue that they had no duty to warn you.
- Lack of knowledge: The property owner may argue that they were unaware of the dangerous condition.
- Warning signs: The property owner may argue that they posted adequate warning signs to alert you of the potential danger.
A qualified and aggressive premises liability attorney will prepare for these potential defenses and build up their arguments to show how the property owner was negligent and at fault.
Even if you do carry some of the blame, they will work to minimize how it impacts your case.
Know Your Rights Under Texas Premises Liability Law
Texas premises liability cases can be complex, involving legal concepts like visitor classification and comparative negligence. That is why it is crucial to have an experienced attorney on your side. Our skilled personal injury lawyers at J.D. Silva & Associates, PLLC, can help you navigate the legal process and protect your rights.
Contact our premises liability attorneys today for a free consultation. We will answer your questions, explain your legal options, and help you get the justice you deserve.